Armstrong v. Wann
Supreme Court of Minnesota
Appeal by defendant from an order of tbe district court for Bam-sey county, Wilkin, J., presiding, refusing a new trial. The case is stated in the opinion. The law is fully settled than an agent or broker who is instrumental in procuring a purchaser is entitled to his commission, even where the owner consummated the bargain.
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Appeal by defendant from an order of tbe district court for Bam-sey county, Wilkin, J., presiding, refusing a new trial. The case is stated in the opinion. The law is fully settled than an agent or broker who is instrumental in procuring a purchaser is entitled to his commission, even where the owner consummated the bargain. Ewell’s Evans on Agency, 457; Story on Agency, § 329, note 6 and § 331; Kimberly v. Henderson, 29 Md. 512; Keener v. Harrod, 2 Md. 63; Murray v. Curry, 7 G. & P. 584; Burnett v. Bauch, 9 C. & P. 620; Schwartze v. Yearly, 31 Md. 270; Chilton v. Butler, 1 E. D. Smith, 150;…
1Opinion of the Court
Gileillan, 0. J.
The action is to recover compensation or commissions claimed to have been earned by plaintiff in the sale of real estate for defendant. On the trial, plaintiff testified that defendant placed the real estate in his hands for sale, and was to pay him a commission of 5 per cent, on the price of the property claimed to have been sold, “if I effected a sale,” and “he [defendant] might effect a sale if I produced a purchaser, and he would pay me my commissions.” As to what was done to earn the commissions, the testimony of plaintiff and his.witnesses makes out this state of facts:…
2Cases cited8 opinions
- Lloyd v. . MatthewsNew York Court of Appeals · 1872
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
- Lyon v. . MitchellNew York Court of Appeals · 1867
- McClave v. . PaineNew York Court of Appeals · 1872
- Tombs v. AlexanderMassachusetts Supreme Judicial Court · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Doonan v. IvesSupreme Court of Georgia · 1885
- Rosenberg v. Heritage Renovations, LLCSupreme Court of Minnesota · 2004
- Dole v. SherwoodSupreme Court of Minnesota · 1889
- Hubachek v. HazzardSupreme Court of Minnesota · 1901
- Boyd & Williams v. J. J. Watson & Co.Supreme Court of Iowa · 1897
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